38446 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

indirect transfer of chemical weapons. 

This collection implements the 

following export provision of the treaty 

in the Export Administration 

Regulations: 

Schedule 1 notification and report: 

Under Part VI of the CWC Verification 

Annex, the United States is required to 

notify the Organization for the 

Prohibition of Chemical Weapons 

(OPCW), the international organization 

created to implement the CWC, at least 

30 days before any transfer (export/ 

import) of Schedule 1 chemicals to 

another State Party. The United States is 

also required to submit annual reports 

to the OPCW on all transfers of 

Schedule 1 Chemicals. 

Schedule 3 End-Use Certificates: 

Under Part VIII of the CWC Verification 

Annex, the United States is required to 

obtain End-Use Certificates for exports 

of Schedule 3 chemicals to States not 

Party to the CWC to ensure the exported 

chemicals are only used for the 

purposes not prohibited under the 

Convention. 

II. Method of Collection 

Electronically or on paper. 

III. Data 

OMB Control Number: 0694–0117. 

Form Number(s): None. 

Type of Review: Regular submission, 

extension of a current information 

collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

72. 

Estimated Time per Response: 30 

minutes. 

Estimated Total Annual Burden 

Hours: 36 hours. 

Estimated Total Annual Cost to 

Public: 0. 

Respondent’s Obligation: Mandatory. 

Legal Authority: CWC Implementation 

Act (Pub. L. 105–277, Division I), 

Executive Order 13128, DOC’s CWC 

Regulation (15 CFR 710, et seq.) 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2021–15487 Filed 7–20–21; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Statement by Ultimate 

Consignee and Purchaser 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on March 23, 

2021, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: Bureau of Industry and 

Security, Department of Commerce. 

Title: Statement by Ultimate 

Consignee and Purchaser. 

OMB Control Number: 0694–0021. 

Form Number(s): BIS–711. 

Type of Request: Regular submission. 

Extension of a current information 

collection. 

Number of Respondents: 414. 

Average Hours per Response: 16 

minutes. 

Burden Hours: 110. 

Needs and Uses: Sections 4812(b)(7) 

and 4814(b)(1)(B) of the Export Control 

Reform Act (ECRA), authorizes the 

President and the Secretary of 

Commerce to issue regulations to 

implement the ECRA including those 

provisions authorizing the control of 

exports of U.S. goods and technology to 

all foreign destinations, as necessary for 

the purpose of national security, foreign 

policy and short supply, and the 

provision prohibiting U.S. persons from 

participating in certain foreign boycotts. 

Export control authority has been 

assigned directly to the Secretary of 

Commerce by the ECRA and delegated 

by the President to the Secretary of 

Commerce. This authority is 

administered by the Bureau of Industry 

and Security through the Export 

Administration Regulations (EAR). 

The collection is necessary under Part 

748.11 of the EAR. This section states 

that the Form BIS–711, Statement by 

Ultimate Consignee and Purchaser, or a 

statement on company letterhead (in 

accordance with 748.11(b)(1), unless 

one or more of the exemptions set forth 

in Section 748.11(a)) exists. The BIS– 

711 or letter provides information on 

the foreign importer receiving the U.S. 

technology and how the technology will 

be utilized. The BIS–711 or letter 

provides assurances from the importer 

that the technology will not be misused, 

transferred or re-exported in violation of 

the EAR. The form is also required for 

certain reexport authorizations specified 

in Part 748.12(b) of the EAR. 

Affected Public: Business or other forprofit organizations. 

Frequency: On Occasion. 

Respondent’s Obligation: Voluntary. 

Legal Authority: Part 748.11 of the 

Export Administration Regulations. 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 


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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38447 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2For purposes of acoustic exposure modeling, 

seasons include Winter (December–March) and 

Summer (April–November). 

entering either the title of the collection 

or the OMB Control Number 0694–0021. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2021–15489 Filed 7–20–21; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB249] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of Letters of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that two 

Letters of Authorization (LOA) have 

been issued to Shell Offshore Inc. 

(Shell) for the take of marine mammals 

incidental to geophysical survey activity 

in the Gulf of Mexico. 

DATES: The LOAs are effective from 

October 1, 2021, through March 31, 

2022, and from August 15, 2021, 

through December 15, 2021. 

ADDRESSES: The LOAs, LOA requests, 

and supporting documentation are 

available online at: 

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-oil-andgas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: Any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in Federal waters of the 

U.S. Gulf of Mexico (GOM) over the 

course of 5 years (86 FR 5322; January 

19, 2021). The rule was based on our 

findings that the total taking from the 

specified activities over the 5-year 

period will have a negligible impact on 

the affected species or stock(s) of marine 

mammals and will not have an 

unmitigable adverse impact on the 

availability of those species or stocks for 

subsistence uses. The rule became 

effective on April 19, 2021. 

Our regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

Summary of Request and Analysis 

Shell plans to conduct two separate 

geophysical surveys, and submitted an 

LOA request for each survey. The first 

survey is a 4D (time lapse) survey of 

Lease Block WR 508 and portions of the 

surrounding approximately 100 lease 

blocks in the Stones development area 

(Stones survey). The second survey 

would also be a 4D (time lapse) survey, 

and would cover Lease Block AC 857 

and portions of the surrounding 

approximately 60 lease blocks in the 

Perdido development area (Perdido 

survey). See Section F of the respective 

LOA applications for maps of these 

areas. 

For the Stones survey survey, Shell 

anticipates using an airgun array 

consisting of 32 elements, with a total 

volume of 5,110 cubic inches (in3). For 

the Perdido survey, Shell anticipates 

using an airgun array with a total 

volume of 2,280 in3. Please see Shell’s 

applications for additional detail. 

Consistent with the preamble to the 

final rule, the survey effort proposed by 

Shell in its LOA requests was used to 

develop LOA-specific take estimates 

based on the acoustic exposure 

modeling results described in the 

preamble (86 FR 5322, 5398; January 19, 

2021). In order to generate the 

appropriate take number for 

authorization, the following information 

was considered: (1) Survey type; (2) 

location (by modeling zone 1); (3) 

number of days; and (4) season.2 The 

acoustic exposure modeling performed 

in support of the rule provides 24-hour 

exposure estimates for each species, 

specific to each modeled survey type in 

each zone and season. 

Summary descriptions of the modeled 

survey geometries (i.e., 2D, 3D NAZ, 3D 

WAZ, Coil) are available in the 

preamble to the proposed rule (83 FR 

29212, 29220; June 22, 2018). 3D NAZ 


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